Former Law Society of Kenya President Nelson Havi has written to Chief Justice Martha Koome to lodge a complaint against Justice Lawrence Mugambi over delayed judgments.
In the letter dated Friday, December 6, Havi complained that out of the seven judgments Mugambi was to deliver on Friday, he only delivered 2, citing that he was suffering from a flu.
“Today, Honourable Justice Lawrence Mugambi listed 7 judgments for delivery. Only two were delivered. He said that he was indisposed. He had a bad flu. I told him that the flu could not have lasted for six months since he fixed my matter for delivery of Judgment. He agreed but tendered an alternative plea of the pressure of work. I let it go. No need to challenge a sick Judge,” the lawyer wrote.
The lawyer has challenged CJ Koome to oversee the conduct of these judges. Havi complained that cases of delayed judgments have become prone in the courts.
Chief magistrate Lawrence Mugambi addressing the media on August 29, 2018
“The honourable judge indicated that he would deliver some of the outstanding five judgments on notice, over the Christmas vacation and one on April 10, 2025,” Havi pointed out in the letter.
He revealed that even getting a date for Friday’s judgment was a hustle that took 146 days from July 11, 2024.
Apart from the delays, Havi also pointed out that judges are always absent from the courts on account of official duties and not working. He blamed the CJ for assigning unofficial duties to judges and forcing them to stay out of court.
“My Lady, the Chief Justice, the ultimate responsibility for this sorry state of affairs in the Judiciary is you who assigns and/or authorises none judicial duties to judges and magistrates, thereby interrupting scheduled judicial proceedings,” the letter continued.
The lawyer has called upon the CJ to act upon the state of the courts, which is becoming concerning among Kenyans. This state, according to Havi, is costing the image of the judiciary.
“It is imperative that you act upon my letters of yesterday and today for you to restore the dwindled and ever-plummeting confidence of the public in the Judiciary. It will be delighted not to write to you again on this matter,” Havi noted.
By law, in civil cases, it is mandatory for the court to pronounce a judgment or ruling within 60 days, but according to Havi’s letters of complaint, this is not the case.
The lawyer had written a similar letter to the CJ on Thursday, putting Justice Alfred Mabeya J on the spot for delayed deliveries.
Chief Justice Martha Koome speaks during a past judicial event
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Judiciary